Safety Order question

Spike M

Good morning,

I am not going to go into specifics or ask for any personal advice. My question is general, but I'd like to know if something is possible.

Does anyone know if it is possible to obtain a safety order without disclosing a new address? The point of the order being to protect both digitally and if approached in public.

Thank you in advance,

S.

Spike M

Anyone at all?

Kristopherus

Speak to a solicitor or FLAC.

Johnson_76

I don't think so, and be very careful that you apply to your local court, not the one local to your old address.

Acara

Not clear exactly how your safety is being threatened and by whom.

Pat Mustard

Spike M wrote: »

Does anyone know if it is possible to obtain a safety order without disclosing a new address? The point of the order being to protect both digitally and if approached in public.

According to Rule 59.4 of the District Court Rules:

Safety Order
4. (1) An application to the Court under section 2 (2) of the Act for a safety order shall be preceded by the issue and service upon the respondent of a summons in the Form 59.1, Schedule C.

Form 59.1 is the Summons for the Safety Order, which is to be served by the applicant on the respondent. The summons contains a reference to the address of the applicant in the following form of words to be used:

and who resides at .............. *(in the Court District aforesaid) for a safety order directing that you shall not use or threaten to use violence against, molest or put in fear the *applicant *or any dependent person(s) *and shall not watch or beset the place where the applicant *and that dependent person(s) reside(s).

The .............. * in the Summons refers to the address, to be filled in on the summons. Therefore, it appears that the address of the applicant should be on the Summons for the Safety Order.

shipwreck

It is possible to issue without a new address.

You can indicate to the court office that you are reside in the District court area but if you are in a safe house of sorts, then the address can be kept private. It will not invalidate service on the other party if your address is not on it.

The reason for the address on the safety order is that (a) the matter is heard in the correct district court with jurisdiction to hear it and (b) if a safety order is granted that it can reside in the correct Garda Station.

If a safety order is granted and if a person is in fear of the other party this can be mentioned to the Court and the address handed in to the Court clerk.

Johnson_76

What would happen if address A was on summons but by the time it got to a hearing the applicant had moved to address B different jurisdiction ?

Claw Hammer

The address is for service. The thing to do is use an address care of a solicitors office.